The reproduction of pre-existing works (music, packaging, extracts of book or stage plays, buildings, sculptures, paintings, clothes, etc.) or trademarks in a new work (film, article, publicity ad, photograph, magazin/newspaper, set or any other product) requires the consent of their owners or rights holders.
Failure to obtain such consent will constitute an infringement pursuant to the French Intellectual Property Code.
Similarly, the reproduction of personal attributes (i.e. an individual’s name, voice, image) or the disclosure of facts regarding a specified, identified person without such person’s consent, may constitute invasion of privacy or publicity, or defamation.
However, identifying such elements and obtaining the consent required to reproduce same can be a difficult process, as it involves, on the one hand, complex legal rules and on the other hand, the identification of rights holders and negotiation of agreements with the foregoing.
Over the years, Crossen & Borowsky has accompanied its clients to handle such issues and avoid legal risks in the future. However, noticing that clearance issues have become a mandatory step for creative industries (fashion, luxury, publicity, press, videogames, production of theatrical and audiovisual content, etc.), we decided to offer a specific turnkey service, which will allow you to complete your projects :
– within tight deadlines;
– at a competitive price;
– with the competence of expert lawyers
Responsiveness, efficacity and legal security are at the heart of the Clearance Service.
The firm takes you step by step through all stages of the creation of your project (development, production and exploitation) including in:
The analysis of the project (review of scenario, photo-shoot, etc.) in order to identify elements which require clearance. Such analysis can take place at our firm, based on elements provided by you, or directly on location if necessary (on set)
Identification of potential issues relating to regulated products (alcohol, tobacco, medications, etc.)
Development of a cost-efficient strategy, including how to avoid an expensive acquisition of rights
Identification of and negotiation with rights holders
Drafting of legal paperwork (assignment agreements, authorizations, partnerships, etc.) ensuring a trouble-free exploitation of the work
Handling E&O insurance, including the E&O application